This study builds on the work of contemporary civic republicans, supplying a detailed analysis of the concept of domination absent in the familiar accounts of political freedom as non-domination.

Philosophy &Public Affairs, Volume 46, Issue 4, Page 363-383, Fall 2018.

While the rule of law is surely a very important good, the familiar discussions found in the literature lead many to conclude that it is either a relatively trivial political ideal, or else a redundant one. What is needed is a new and persuasive defense of the rule of law that properly reflects its great significance for human well being. An important step towards building such an argument is to question a widely-shared but often unnoticed assumption that the rule of (...) law should be understood as a virtue of legal systems. The path is then cleared for a republican argument built on two theses: first, the thought that an ideal society would be one in which no one is the master of anyone else, and second, the thought that our freedom from domination is not natural or pre-institutional. (shrink)

Contemporary liberalism and republicanism present clearly distinct programs for domestic politics, but the same cannot be said when it comes to global politics: the burgeoning literature on global republicanism has reproduced the divide between cosmopolitan and associational views familiar from long-standing debates among liberal egalitarians. Should republicans be cosmopolitans? Despite presence of a range of views in the literature, there is an emerging consensus that the best answer is no. This paper aims to resist the emerging consensus, arguing that republicans (...) should be cosmopolitans. The considerations offered against cosmopolitanism generally rest on an incomplete understanding of the relationship between economic inequality or poverty on the one hand, and domination on the other. Insofar as republicans agree that promoting freedom from domination should be our central political aim, they should regard the reduction of economic inequality and poverty at home and abroad as equally pressing. (shrink)

When should burdened social practices be granted special accommodation? One issue of concern—raised by Okin and others—is that some social practices involve domination, and so the accommodation of those practices might (inadvertently, perhaps) support social injustice. Suppose one wants to take this concern very seriously. Starting from the assumption that freedom from domination is an especially important value, this article examines whether cultural accommodation would ever be advisable. Approaching the problem of multicultural accommodation from this point of view greatly clarifies (...) the debate and yields some interesting results. In particular, the discussion concludes that there are circumstances under which the goal of minimizing domination itself would be furthered by policies of special accommodation. (shrink)

The rule of law is a valuable human achievement. It is valuable not only instrumentally, but also for its own sake as a significant aspect of social justice. Only in a society that enjoys the rule of law is it possible for people to regard one another as fellow free citizens; no one the master of anyone else. Nevertheless, the rule of law is poorly understood. In this book, Frank Lovett develops a rigorous conception of the rule of (...) law that is grounded in legal positivism, and offers a civic republican argument for its value in terms of freedom from domination. Bridging persistent methodological gaps that divide legal philosophy, social science, and political theory, Lovett demonstrates how insights from all three can be united in a single powerful theory. This book will appeal to anyone interested in the rule of law, including scholars, legal officials, and policy-makers. (shrink)

Republicans hold that people are dominated merely in virtue of others' having unconstrained abilities to frustrate their choices. They argue further that public officials may dominate citizens unless subject to popular control. Critics identify a dilemma. To maintain the possibility of popular control, republicans must attribute to the people an ability to control public officials merely in virtue of the possibility that they might coordinate their actions. But if the possibility of coordination suffices for attributing abilities to groups, then, even (...) in the best case, countless groups will be dominating because it will be possible for their members to coordinate their actions with the aim of frustrating others' choices. We argue the dilemma is apparent only. To make our argument, we present a novel interpretation of the republican concept of domination with the help of a game-theoretic model that clarifies the significance of collective action problems for republican theory. (shrink)

Hart proposed that law is made possible by the practice among legal officials of observing conventional social rules, the most important being rules of recognition. This view has been dubbed the practice theory, and it has been attacked by many legal theorists. This paper argues that many criticisms of the practice theory fail because they misunderstand the nature of the organizational challenge to which rules of recognition are the solution. The challenge of constituting a legal system is essentially the challenge (...) of constituting a group agent, and when viewed through Pettit’s account of group agency, the practice theory can easily be defended. (shrink)

In recent years there has been a revival of interest in civic republicanism. In light of this revival, it is interesting to consider what sort of theory of legal or judicial adjudication such a doctrine—centered on the value of promoting freedom from domination—would recommend. After discussing the importance of such a theory and clarifying its relationship to broader questions of institutional design, it is argued that theories of adjudication should be assessed according to three criteria: first, their contribution to the (...) republican cause of promoting freedom from domination; second, their suitability to the characteristic features of legal systems; and third, their impact on long-run institutional stability. According to these criteria, a republican theory of adjudication would hold that judges and other legal officials should strive in their decisions and interpretations to maintain and enhance the distinctive value of the rule of law. (shrink)

In his paper, "The Right of the Guilty," Corey Brettschneider aims to develop and defend a theory of punishment within the framework of a liberal-contractarian conception of political legitimacy. My response argues that this attempt to extend the liberal-contractarian theory reveals, in a particularly clear and striking manner, deep and ultimately insurmountable conceptual difficulties for that theory.

Few passages in Hobbes’s writings have generated as much critical interest as the notorious reply to the fool – one who believes it is reasonable to renege on our promises whenever it is advantageous for us to do so. In his reply, Hobbes appears to argue that it is never reasonable to renege on our promises because doing so is never in our prudential interest. The problem is not only that this reply seems wrong, but further that it seems inconsistent (...) with Hobbes’s own philosophical commitments. This research note argues that the reply makes sense if we are willing to read it as an incompletely worked-out claim about the prudence of sometimes preventing oneself from being fully prudent in the future. (shrink)

Without question, power is one of the most thoroughly discussed concepts in political and social theory. One cannot, in a short review, hope to cover the sprawling, complex and often frustrating debate in its entirety. Instead, I will merely attempt to identify what seem to me the most important issues, and to present them in a way that reduces somewhat a few common confusions.

Alex Gourevitch’s From Slavery to the Cooperative Commonwealth is a valuable contribution to republican historiography: in reconstructing the ideas of the 19th century American labour republicans, this work significantly expands and enriches our appreciation of the classical republican tradition. While the labour republicans are convincingly shown to have made important contributions to that tradition, stronger claims that they fundamentally transformed republicanism are less persuasive.

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 97-121, May 2022. Republicans hold that people are unfree if they are dominated, that is, if others have an insufficiently constrained ability to frustrate their choices. Since legislation can frustrate individuals’ choices, republicans believe that the design of legislative institutions has consequences for individual freedom. Some have argued that if legislative institutions are democratic, then they need not be sources of domination at all. We argue this view is incorrect: the introduction (...) of legislative authority, even if democratically organized, always creates a new site of domination. However, republicans can defend democratic procedures as the best means of minimizing the degree to which citizens are dominated, subject to the constraint of equalizing everyone’s freedom. We formulate and prove this claim within a simple model of legislative authority and domination. (shrink)

The review argues that Lovett’s theory of domination suffers from a problem. Lovett is aware of the problem and bites a fairly large bullet in response to it. What he does not seem aware of is that the problem can be avoided by opting for an account of welfare that he unfortunately ignores, despite the fact that it would serve his purposes well.

Organizations have neither a right to the vote nor a weighty right to life. We need not enfranchise Goldman Sachs. We should feel few scruples in dissolving Standard Oil. But they are not without rights altogether. We can owe it to them to keep our promises. We can owe them debts of gratitude. Thus, we can owe some things to organizations. But we cannot owe them everything we can owe to people. They seem to have a peculiar, fragmented moral status. (...) What explains this? Individualistic views explain this in terms of individualistic notions alone. Such notions don’t invoke any distinctive features of organizations. They just invoke the features of individual members of organizations. Collectivistic views, instead, explain this in terms of collective notions alone. Such notions don’t invoke the features of individual members of organizations. They just invoke the features of those organizations. We argue that neither approach works. Instead, one needs to synthesize the two approaches. Some individual interests, we think, are distinctively collective. We, as individuals, have a distinctive interest in playing a part in successful collective action. From this, so we argue, flows the apparently peculiar, fragmented moral status of organizations. (shrink)

This book is about the ways in which real-world democracies fall short of democratic ideals and why those shortfalls matter. The project is rooted in a vast body of empirical findings that political scientists have accumulated over the last seven decades. These are findings about political ignorance, voter behaviour, the policymaking process, polarization, and the popular control of representatives. These findings are often both surprising and troubling—they suggest our democracies fall far short of democratic ideals. The book is a detailed, (...) careful exploration of why such findings matter. In part, that involves giving an account of what makes democracy valuable in the first place: why does democracy matter? And in part it involves connecting the value of democracy to the rights and duties of ordinary citizens. The overarching argument is that our duties to obey the law, and the moral permissibility of enforcing those laws, depend on the realization of democratic ideals. So the shortfalls of our democracies undermine the moral authority and legitimacy of our states. (shrink)

Detecting that two images are different is faster for highly dissimilar images than for highly similar images. Paradoxically, we showed that the reverse occurs when people are asked to describe how two images differ—that is, to state a difference between two images. Following structure-mapping theory, we propose that this disassociation arises from the multistage nature of the comparison process. Detecting that two images are different can be done in the initial (local-matching) stage, but only for pairs with low overlap; thus, (...) “different” responses are faster for low-similarity than for high-similarity pairs. In contrast, identifying a specific difference generally requires a full structural alignment of the two images, and this alignment process is faster for high-similarity pairs. We described four experiments that demonstrate this dissociation and show that the results can be simulated using the Structure-Mapping Engine. These results pose a significant challenge for nonstructural accounts of similarity comparison and suggest that structural alignment processes play a significant role in visual comparison. (shrink)

Working memory resources are needed for processing and maintenance of information during cognitive tasks. Many models have been developed to capture the effects of limited working memory resources on performance. However, most of these models do not account for the finding that different individuals show different sensitivities to working memory demands, and none of the models predicts individual subjects' patterns of performance. We propose a computational model that accounts for differences in working memory capacity in terms of a quantity called (...) source activation, which is used to maintain goal‐relevant information in an available state. We apply this model to capture the working memory effects of individual subjects at a fine level of detail across two experiments. This, we argue, strengthens the interpretation of source activation as working memory capacity. (shrink)

Frank E. Zachos offers a comprehensive review of one of today's most important and contentious issues in biology: the species problem. After setting the stage with key background information on the topic, the book provides a brief history of species concepts from antiquity to the Modern Synthesis, followed by a discussion of the ontological status of species with a focus on the individuality thesis and potential means of reconciling it with other philosophical approaches. More than 30 different species concepts (...) found in the literature are presented in an annotated list, and the most important ones, including the Biological, Genetic, Evolutionary and different versions of the Phylogenetic Species Concept, are discussed in more detail. Specific questions addressed include the problem of asexual and prokaryotic species, intraspecific categories like subspecies and Evolutionarily Significant Units, and a potential solution to the species problem based on a hierarchical approach that distinguishes between ontological and operational species concepts. A full chapter is dedicated to the challenge of delimiting species by means of a discrete taxonomy in a continuous world of inherently fuzzy boundaries. Further, the book outlines the practical ramifications for ecology and evolutionary biology of how we define the species category, highlighting the danger of an apples and oranges problem if what we subsume under the same name ("species") is in actuality a variety of different entities. A succinct summary chapter, glossary and annotated list of references round out the coverage, making the book essential reading for all biologists looking for an accessible introduction to the historical, philosophical and practical dimensions of the species problem. (shrink)

In this study, the author shows new entry points to the dialogue between Kant and Heidegger. Schalow takes up the question: "Why should a philosopher like Kant, for whom language seemed to be almost inconsequential, become the crucial counter point for a thinker like Heidegger to develop a novel way to understand and express the most perennial of all philosophical concepts, namely, 'being' as such?" This approach allows for addressing issues which are normally relegated to the periphery of the exchange (...) between Heidegger and Kant, including spatiality and embodiment, nature and art, religion and politics. (shrink)

This note is a postscript to Ramsey's 'Truth and Probability'. It replaces that article's psychological reading of subjective probability with a reading of it as a consistency condition on the theory that we act to maximise expected utility.

How could ectogestative technology disrupt gender roles, parenting practices, and concepts such as ‘birth’, ‘body’, or ‘parent’? In this chapter, we situate this emerging technology in the context of the history of reproductive technologies and analyse the potential social and conceptual disruptions to which it could contribute. An ectogestative device, better known as ‘artificial womb’, enables the extra-uterine gestation of a human being, or mammal more generally. It is currently developed with the main goal of improving the survival chances of (...) extremely premature neonates. We argue that the intended use of the technology in neonatal intensive care units, as an alternative to current incubators (’partial-ectogestation’), challenges concepts such as ‘birth’, ‘fetus’, and ‘neonate’, and has several ethico-legal implications. We moreover address a more futuristic scenario where the entire embryological and fetal development could happen within an artificial womb (’full-ectogestation’). Such a scenario reveals the disruption of gender roles, parenting practices, and concepts such as ‘mother’, ‘father’, and ‘parent’. Both full- and partial-ectogestation would have implications for engineering and design, law-making, ethics, and philosophical anthropology. (shrink)

Historicism -- Time -- Interpretation -- Representation -- Reference -- Truth -- Meaning -- Presence -- Experience (I) -- Experience (II) -- Subjectivity -- Politics.

How should we react to the contention that there is empirical evidence showing that many judge Gettier cases to be cases of knowledge, contrary to the verdict of most analytical philosophers about these cases? I argue that there is no single answer to this question. The discussion is set inside a view about how to view the role and significance of intuitive responses to some of philosophy's famous thought experiments. One take-home message is that experimental philosophy and conceptual analysis are (...) not as far apart as is often thought. (shrink)

We enter here upon a history of conversational traffic between the respective departments of philosophy and law in the old academy of liberalism, where lawyers hear much from philosophers, yes-and philosophers hear from lawyers, too, in what has fruitfully been a both-ways exchange. Our philosophical protagonist is John Rawls. This book comprises a study of the rise and workings, within the Rawlsian political-liberal philosophy, of the idea of a country's higher-legal constitution as a public platform for the justification of political (...) coercion. A study of Rawls on constitutionalism can help us, I believe, in scoping out and managing a cluster of constitutional lawyers' debates-interminable ones, it seems, in the constitutional-democratic precincts of our times-that I will catalogue soon below. But conversely, I believe, those seeking the best and truest readings of Rawls might have something to learn from the controversies of the lawyers. My approach to Rawls has accordingly been that of a critically leavened (while no doubt broadly sympathetic) exegesis, while with the legal-discursive materials I take more of a diagnostic turn. My hope is that a treatment of these two discourses in relation to each other will prove an aid to both political-philosophical and legal-practical reflection. (shrink)

Sohn-Rethel’s great idea was to ‘socialise’ Kant’s transcendental subject by combining it with Marx’s commodity-form. In so doing, he took on three challenges simultaneously: a) the timeless validity of modern natural science; b) the social genesis of empirically pure forms of cognition; and c) socialisation occurring through a purely social synthesis. However, Sohn-Rethel construed Marx’s value-form analysis as an empirical exchange of commodities and held that such exchange performs a real abstraction – in this way, he laboured under the very (...) semblance that money engenders at the surface of society by virtue of its function qua means of exchange. This semblance can be rendered transparent by, on the one hand, explaining value in terms of capitalist valorisation rather than as a product of abstraction, and, on the other, developing money as the measure and form of this valorisation. (shrink)

The article argues that universals of law, i.e. the laws of nature, are the general axioms of a deductive system of all knowledge, and their deductive consequences. Universals of fact are generalisations deducible from these together with particular facts.

Als »Subjektphilosophie« hat man das neuzeitliche Denken insgesamt charakterisiert. Diese Auszeichnung verdankt das Subjekt der verwegenen Hoffnung, es eigne sich zum ultimativen Prinzip der Wissensbegründung. Das Interesse an einer Aufklärung seiner Struktur wurde dadurch jedoch in den Hintergrund gedrängt. Diese Struktur steht im Zentrum von Manfred Franks jüngstem Buch, das einen Blick auf die moderne Geschichte der Subjekttheorien mit Analysen der inneren Beschaffenheit und der Zeitlichkeit des Subjekts sowie seines Verhältnisses zur Intersubjektivität und einer Auseinandersetzung mit klassischen und neuesten analytischen (...) Theoriebildungen verbindet. Dem Begriff der Präreflexivität kommt dabei die Schlüsselrolle zu. (shrink)

This is a comprehensive study of the far-reaching changes that led to a re-shaping of the philosophical discourse in Islam during the sixth/twelfth century. Whereas earlier Western scholars thought that Islam's engagement with the tradition of Greek philosophy ended during that century, more recent analyses suggest its integration into the genre of rationalist Muslim theology (kalam). This book proposes a third view about the fate of philosophy in Islam. It argues that in addition to this integration, Muslim theologians picked up (...) the discourse of philosophy in Islam (falsafa) and began to produce books on philosophy. Written by the same authors, books in these two genres, kalām and philosophy, argue for opposing teachings on the nature of God, the world's creation, and on the afterlife. This study explains the emergence of a new genre of philosophical books called "hikma" that stand opposed to Islamic theology and at the same wishes to complement it. Offering a detailed history of philosophy in Iraq, Iran, and Central Asia during the sixth/twelfth century together with an analysis of the circumstances of practicing philosophy during this time, this study can show how reports of falsafa, written by major Muslim theologians such as al-Ghazali (d. 505/1111), developed step-by-step into critical assessments of philosophy that try to improve philosophical teachings, and eventually become fully fledged philosophical summas in the work of Fakhr al-Din al-Razi (d. 606/1210). The book ends in a discussion of the different methods of kalam and hikma and the coherence and ambiguity of a Muslim post-classical philosopher's œuvre. (shrink)

Sketching is a powerful means of working out and communicating ideas. Sketch understanding involves a combination of visual, spatial, and conceptual knowledge and reasoning, which makes it both challenging to model and potentially illuminating for cognitive science. This paper describes CogSketch, an ongoing effort of the NSF-funded Spatial Intelligence and Learning Center, which is being developed both as a research instrument for cognitive science and as a platform for sketch-based educational software. We describe the idea of open-domain sketch understanding, the (...) scientific hypotheses underlying CogSketch, and provide an overview of the models it employs, illustrated by simulation studies and ongoing experiments in creating sketch-based educational software. (shrink)

What makes democracy valuable? One traditional answer holds that participating in democratic self-government amounts to a kind of autonomy: it enables citizens to be the authors of their political affairs. Many contemporary philosophers, however, are skeptical. We are autonomous, they argue, when important features of our lives are up to us, but in a democracy we merely have a say in a process of collective choice. In this paper, we defend the possibility of democratic autonomy, by advancing a conception of (...) it which is impervious to this objection. At the core of our account is the idea of joint authorship. You are a joint author of something when that thing expresses your joint intentions. Democracy may not make any one of us sole author of our political affairs, but it can make us their joint authors. It is in such joint authorship, we claim, that the intrinsic value of democratic self-government consists. (shrink)

Institutions are normative social structures that are collectively accepted. In his book Making the Social World, John R. Searle maintains that these social structures are created and maintained by Status Function Declarations. The article’s author criticizes this claim and argues, first, that Searle overestimates the role that language plays in relation to institutions and, second, that Searle’s notion of a Status Function Declaration confuses more than it enlightens. The distinction is exposed between regulative and constitutive rules as being primarily a (...) linguistic one: whereas deontic powers figure explicitly in regulative rules, they feature only implicitly in constitutive rules. Furthermore, he contends that Searle’s collective acceptance account of human rights cannot adequately account for the fact that people have these rights even when they are not recognized. Finally, It is argued that a conception of collective intentionality that involves collective commitment is needed in order to do justice to the normative dimension of institutions. (shrink)

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

In modern democracies, moral experts play an increasingly important role in law-making. Apart from the question of which competences characterize moral experts, their influence on the legitimacy of democratic procedures must be discussed. On the one hand, the contribution of moral experts promises to improve the quality of decision making. On the other hand, however, moral experts cannot claim to represent the will of the people. In this essay, at first a concept of the moral expert will be sketched which (...) does without the assumption of a privileged access to 'moral truths'. Then a procedural understanding of democratic legitimacy without epistemic components will be defended. Finally there will be a distinction between the purely consultative and the quasi-legislative tasks of ethics committees. Whereas councelling by moral experts does not influence the legitimacy of democratic procedures, giving them quasilegislative functions is connected to risks in this respect. (shrink)